The Rajasthan High Court consisting of Justice Narendra Singh Dhaddha denied bail to a person accused of claiming Input Tax Credit (ITC) under Goods and Service Tax Act worth Rs.18.91 crores without any transportation of goods.
BACKGROUND
The petitioner filed the 2nd bail application in connection with a criminal complaint filed by the Office of Commissioner, CGST Jaipur (PS) for the offense under Section 132 CGST Act.
The petitioner submitted that the petitioner has been falsely implicated in this case. He has been behind the bars since 22.02.2021. Charge-sheet has been filed against the petitioner.
The petitioner submitted that offence against the petitioner is triable by Magistrate, compoundable and having maximum punishment of 5 years.
During the trial, statements of only 4 witnesses have been recorded and many of the witnesses are yet to be recorded by the trial court. The trial would take considerable time. Looking at the custody period of the petitioner, he may be enlarged on bail.
The Special Public Prosecutor submitted that the petitioner and other persons had made various bogus firms and claimed input tax credit of Rs.18.91 crores without any transportation of goods. After rejection of the first bail application, the petitioner approached the Apex Court. The Apex Court in Special Leave to Appeal dismissed the bail application filed by the petitioner. So, no ground arises for filing the present bail application.
OBSERVATION
The court held that Petitioner and other co-accused persons made bogus firms and claimed input tax credit of Rs.18.91 Crores without any transportation of goods.
“So, looking at the gravity of offence and nature of allegations, I do not consider it a fit case to enlarge the petitioner on bail,” the court said.
Case Title: Lalit Goyal V/S Union Of India
Citation: S.B. Criminal Miscellaneous 2nd Bail Application No. 5702/2023